Madras High CourtWP/22050/2016disposed of

Thangam v. The Tahsildar

2016-06-28Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.22050/2016 Thangam ..

Petitioner

Versus

1.The Tahsildar Sankari Taluk Salem District.

2.The Firka Surveyor Ernapuram Firka Sankari Taluk, Salem District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to conduct survey to fix the boundary lines between S.Nos.132/7B and 132/6C, Pudur Village, Sankari Taluk, Salem District by considering the petitioner's representation dated 25.05.2016.

For Petitioner :

Mr.N.Manokaran For R1 & R2 :

Mr.R.Govindasamy, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner claims that she purchased lands admeasuring to an extent of 32 cents in S.No.132/7B and 13 cents in S.No.132/11F, Pudur Village, Sankari Taluk, Salem District, through a registered Sale Deed bearing Document No.3534/2014 dated 14.07.2014 and patta was also issued in her favour in Patta No.319. It is further stated that the neighbouring land owners, viz., Chandra, W/o.Saravanan and Iyyannan, S/o.Marimuthu, started giving trouble with an oblique intention and therefore, the petitioner has submitted a petition dated 25.05.2016 to the 1st respondent praying for survey of the properties and also paid necessary charges. The 1st respondent has forwarded the said application to the 2nd respondent for https://hcservices.ecourts.gov.in/hcservices/

survey and the 2nd respondent has also issued notice for conducting survey on 30.05.2016. However, no survey was conducted and the 2nd respondent once again, issued notice on 03.06.2016 to conduct survey on 10.06.2016 and on that day also, no survey has been conducted. Therefore, the petitioner is constrained to approach this Court by filing the present writ petition.

Heard the learned counsel for the petitioner ; Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the same, directs the respondents to complete the exercise of surveying the properties of the petitioner in accordance with law, after putting on notice the person/s concerned and pass orders on the petitioner's application/representation dated 25.05.2016 as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the person/s concerned.

The writ petition is disposed of with the above direction. No costs.

AP s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To 1.The Tahsildar Sankari Taluk Salem District.

2.The Firka Surveyor Ernapuram Firka Sankari Taluk, Salem District.

+ 1 cc to Mr.N.Manoharan Advocate SR 36271 + 1 cc to Govt.Pleader SR 36322 skv(co) prk14/7 W.P.No.22050/2016 https://hcservices.ecourts.gov.in/hcservices/